KUNHIKRISHNAN NAMBIAR Vs. GOVINDAN NAMBIAR

JUDGEMENT

(1.) It is settled law that in a Marumakkathayam as in a Mitakshara joint family, the manager is, (in the absence of any subsisting arrangement for maintenance or otherwise) entitled to exclusive possession of the properties of the joint family and that, although the junior members are coowners having an equal beneficial interest in the property, their right is only to obtain maintenance or demand a partition. That being so, it follows that a manager is entitled to recover joint family property from the hands of junior members who are in possession without his consent. Also that he is entitled to recover mesne profits since the junior members would be in wrongful possession notwithstanding that they are joint owners and notwithstanding that they are members of the family on whose behalf the recovery is effected.

(2.) I dismiss the appeal.